PIL instrument(s)
Maintenance Regulation
Hague Maintenance Protocol
Case number and/or case name
Juan Ignacio vs. María.Roj: SAP IB 422/2015 - ECLI:ES:APIB:2015:422
Details of the court
Spain, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
01 March 2015
CJEU's case law cited by the court
Summary
The proceedings have to do with a conflict of jurisdiction and an applicable law dispute on the basis of Hague Maintenance Protocol 2007 provisions.
Matter of the case: divorce and maintenance obligations case between two Bulgarian Spouses. The father lives in Bulgaria. The child of the divorced couple lives in Spain.
Key facts:The judge determines ex-officio the place of the habitual residence of the creditor in order to decide.
Court decision: Spanish courts are competent to decide on maintenance obligations. According to art. 15 of Brussels III Regulation and art. 3 of Hague Maintenance Protocol 2007 the law applicable to maintenance obligations is the Spanish one (law of the State of the habitual residence of the creditor, that is to say, Spain).
The court applies the general rule on the law applicable to maintenance obligations that shall be governed by the law of the State of the habitual residence of the creditor.
Appeal history (not available in the database):
First instance court: Juzgado de Primera Instancia nº 20 de Palma. Spain.
Date: 10/7/2014